[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Proposed Rules]
[Page 7853-7854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe07-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 070207026-7026-01; I.D. 012207A]
RIN 0648-AS29
Fisheries in the Western Pacific; Optional Use of Electronic
Logbook Forms
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would allow fishery participants in U.S.
domestic pelagics, crustaceans, bottomfish and seamount groundfish,
precious corals, and coral reef fisheries of the western Pacific the
optional use of NMFS-approved electronic logbook forms in lieu of paper
logbooks. The intended effects of this action are to enhance the
efficiency of fish catch and effort data reporting and recordkeeping by
fishermen, reduce human error, and improve data accuracy.
DATES: Comments on the proposed rule must be received by March 23,
2007.
ADDRESSES: You may submit comments, identified by AS29elog by any of
the following methods:
E-mail: AS29elog@noaa.gov. Include ``AS29elog'' in the
subject line of the message.
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
Mail: William L. Robinson, Administrator, NMFS Pacific
Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to William L. Robinson (see ADDRESSES),
or by e-mail to David_Rostker@omb.eop.gov, or faxed to 202-395-7285.
Copies of the Fishery Management Plans (FMPs) and the regulatory
amendment document that describes the proposed changes may be obtained
from Kitty M. Simonds, Executive Director, Western Pacific Fishery
Management Council (Council), 1164 Bishop Street, Suite 1400, Honolulu,
HI 96813 or via the World Wide Web at http://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is also accessible via the World
Wide Web at the Office of the Federal Register: http://www.gpoaccess.gov/fr/index.html
.
Background
The NMFS Pacific Islands region encompasses western Pacific Federal
waters, i.e., the 200 nautical mile U.S. Exclusive Economic Zone (EEZ),
around the Territories of Guam and American Samoa, the State of Hawaii,
the Commonwealth of the Northern Mariana Islands, and the U.S. island
possessions in the Pacific. Western Pacific fisheries are currently
managed under five Fishery Management Plans (FMPs)--Pelagics,
Crustaceans, Bottomfish and Seamount Groundfish, Precious Corals, and
Coral Reef Ecosystems.
Current regulations (50 CFR 665.14) require that permit holders,
who fish for western Pacific management unit species subject to Federal
reporting requirements, record their catch and effort information on
paper logbook forms and submit them to NMFS. Maintaining paper logbook
forms, and the interpretation of such forms, is subject to potential
errors due to illegible handwriting and missed data entry. The
availability and capacity of personal computers offer benefits to
fishery participants and NMFS data collection programs. The proposed
optional use of electronic logbook data collection systems would
utilize existing and emerging technologies to enhance the efficiency of
fish catch and effort data reporting and recordkeeping by fishermen,
reduce human error, and improve data accuracy. Furthermore, if
transmitted through a remote communication system such as electronic
mail or vessel monitoring system, electronic reporting provides a near
real-time catch reporting system.
At its 123\rd\ meeting in June 2004, the Council took final action
to recommend amending the western Pacific regulations to provide
fishermen an alternative to the currently-required paper logbook forms.
Specifically, fishermen would be allowed to submit logbook data to NMFS
on removable non-paper media (such as diskette, CD-ROM, memory stick,
etc.), and would also be allowed to transmit the data to NMFS via e-
mail or other remote communication systems, where such remote
transmission was appropriate and feasible. The option to use electronic
logbook forms would be available to fishermen who are subject to
Federal reporting requirements under all western Pacific FMPs, as well
as those participants in fisheries that may become subject to Federal
reporting requirements.
This action does not establish the technical requirements or
protocols for the electronic logbook program. The technical and legal
specifications and operational details for the electronic logbook
software program and hardware requirements will be developed and
published by NMFS subsequent to this proposed rule.
Using the information contained in the Council's proposed
regulatory amendment, a Regulatory Impact Review (RIR) was prepared for
this proposed rule. Copies of the Regulatory Impact Review (RIR) may be
obtained from William L. Robinson (see ADDRESSES).
Classification
NMFS has determined that the proposed rule is consistent with the
western Pacific FMPs and preliminarily determined that the rule is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
[[Page 7854]]
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for the certification is as follows:
The basis and purpose of this rulemaking are discussed in the
preamble to this rule. Nearly 200 vessels, all of which are
considered to be small entities under the Small Business
Administration definitions, will be impacted by this rule. All
vessels are considered small entities because their annual gross
receipts are less than $4.0 million, so there will be no
disproportionate economic impact between small and large vessels
resulting from this proposed rulemaking. In addition, there are no
disproportionate economic impacts among vessels resulting from
different vessel length, gear type, or location of home port.
Considering the positive and minor nature of economic impacts under
the preferred alternative, NMFS has determined that this rule will
not have a significant economic impact on a substantial number of
small business entities because: (1) the rule does not require the
use of electronic reporting, and firms choosing to commit to
electronic reporting will do so only if this mode of reporting is
economically beneficial to them relative to the use of the paper
logbooks currently required, and (2) NMFS anticipates that the costs
of electronic reporting, for those who choose to adopt it, would
only represent a small fraction of the firm's cost of doing
business. While this rule could affect a substantial number of
vessels, depending on the number of operations opting to choose
electronic reporting, it will not have a significant economic
impact. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA), i.e., the optional use of electronic media for logbook data
submissions currently required under OMB Control No. 0648-0214. A
request to collect this information has been submitted to OMB for
approval. The public reporting burden for this collection-of-
information is estimated to average five minutes per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to William
L. Robinson (see ADDRESSES), or by email to David_Rostker@omb.eop.gov
or fax to (202)395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection-of-information subject to the
requirements of the PRA, unless that collection-of-information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands,
Pacific Remote Island Areas, Reporting and recordkeeping requirements.
Dated: February 14, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 665 is
proposed to be amended as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
1. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 665.14, paragraph (a) is revised to read as follows:
Sec. 665.14 Reporting and recordkeeping.
(a) Fishing record forms. The operator of any fishing vessel
subject to the requirements of Sec. Sec. 665.21, 665.41, 665.61(a)(4),
665.81, or 665.602 must maintain on board the vessel an accurate and
complete record of catch, effort, and other data on paper report forms
provided by the Regional Administrator, or electronically as specified
and approved by the Regional Administrator. All information specified
by the Regional Administrator must be recorded on paper or
electronically within 24 hours after the completion of each fishing
day. The logbook information, reported on paper or electronically, for
each day of the fishing trip must be signed and dated or otherwise
authenticated by the vessel operator in the manner determined by the
Regional Administrator, and be submitted or transmitted via an approved
method as specified by the Regional Administrator, and as required by
this paragraph (a). The operator of any vessel subject to the
requirements of Sec. Sec. 665.21, 665.41, 665.61(a)(4), or 665.81 must
submit the original logbook information for each day of the fishing
trip to the Regional Administrator within 72 hours of each landing of
management unit species, unless the fishing was authorized under a PRIA
troll and handline permit, a PRIA crustaceans fishing permit, a PRIA
bottomfish permit, or a PRIA precious corals fishing permit, in which
case the original logbook form for each day of fishing within the PRIA
EEZ waters must be submitted to the Regional Administrator within 30
days of each landing of management unit species. For fisheries managed
under Sec. 665.602, the original logbook information for each day of
the fishing trip must be submitted to the Regional Administrator within
30 days of each landing of management unit species.
[FR Doc. E7-2893 Filed 2-20-07; 8:45 am]
BILLING CODE 3510-22-S